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This article reconsiders ‘Marty’s tune’ (La note Martinet), a texted dance song of the thirteenth century that survives in two sources, one with musical notation. It evaluates older understandings of the song’s form and generic designation, attempting to use poetic variants between the texts to understand the factors that might have preceded the writing down of this rarely notated song type.
This article sketches an interpretation of Olga Neuwirth’s Le Encantadas o le avventure nel mare delle meraviglie by focusing on the song by the Vocaloid Hatsune Miku in the last section of the composition. This Vocaloid song is disturbing because it expresses a conflicted form of subjectivity that is typical of our time. The article considers four different ways to read this expression: as pop-cultural negation of subjectivity, as postmodern celebration of singularity, as post-revolutionary longing for collectivity or as the contemporary mythical counterpart of the capitalist subject form. I argue that the fourth interpretation seems the most promising. According to this interpretation, Neuwirth stages Hatsune Miku as the sirene of digitalised capitalism – a technological mythos against which the contemporary subjectivity tries to constitute itself.
With society’s growing diversity, it is increasingly crucial to comprehend the care needs of older migrants with dementia and their informal carers. This study explores the experiences of informal carers of older migrants with dementia using professional care, focusing on the participants’ perceptions of whether the delivered professional care meets the needs of the informal carer and their family member with dementia. Purposive sampling identified 17 informal carers living in Belgium and caring for older first-generation labour migrants from Italian and Turkish backgrounds. In-depth interviews were conducted and inductive data were analysed using the Qualitative Analysis Guide of Leuven, a method inspired by the constant comparative method. The findings are presented through composite narrative vignettes. The data analysis revealed six predominant themes: (1) Informal carers are hoping for engagement from professional care providers, to create together a care alliance for the older person with dementia; (2) Informal carers experience cold substandard care provision from professional care providers towards their loved ones; (3) Informal carers need to feel a sense of home to be able to trust the professional care providers; (4) Informal carers experience culturally insensitive care practices by professional care providers; (5) Informal carers struggle with the responsibility of informal care-giving in the context of today’s world; (6) Informal carers experience the cumulative mental load of care-giving. Informal carers of older migrants with dementia face a cumulative mental burden through limited adapted-care options, cultural insensitivity in services, care-giving duties and additional tasks to bridge the professional care gaps.
Emmanuel Levinas’s philosophy of absolute transcendence has been criticized for defeating any possibility of relationship to the divine as Other. Such critiques restage central theological trends that rely on analogy as opening just such an avenue to the divine. Aquinas proposes analogy in his own criticism of Maimonides’ negative theology of God as beyond any likeness, in ways similar to arguments leveled against Levinas. Levinas, however, proposes a language model, which also illuminates Maimonides’ own language discourses, as a way to allow relationship while sustaining distinction from transcendence. Through language, the divine is addressed while respecting absolute Otherness, in a move away from ontology to ethics.
What are the philosophical and normative orientations of British international law scholarship during the Victorian era? This article explores and answers this question in three complementary steps. It begins with an analysis of the ‘public’ international law textbooks after 1830 to show that, instead of a single legal tradition, there coexisted three competing traditions during this period: a ‘naturalist’, an ‘historicist’ and a ‘voluntarist’ tradition. These three Victorian traditions will, in a second step, be studied in the context of ‘private’ international law—a discipline that developed and received its name during this period. A third section finally offers a detailed examination of the transformative work of Lassa Oppenheim, which straddled the Victorian nineteenth century and the ‘modern’ twentieth century. In revisiting the normative project(s) of Victorian international law, the article hopes to critique three prominent views in the contemporary academic literature. The first view holds that voluntarist State positivism exercised a dominant influence on British international law scholarship after 1830; a second view has claimed, relatedly, that during this period an idiosyncratic ‘English’ approach to international law emerged; and a third view has famously suggested that there was a ‘radical’ break in the discipline of international law around 1870.
On December 14, 2023, the Appeals Panel of the Kosovo Specialist Chambers (KSC) delivered its judgment in its first war crimes case against Salih Mustafa, a former commander of the Kosovo Liberation Army (KLA), charged with leading a guerrilla unit known as the “BIA” unit Zllash, in the Gollak region of Kosovo. Mustafa was charged by the Specialist Prosecutor's Office (SPO) with war crimes, including arbitrary detention, cruel treatment, torture, and murder, in connection with the mistreatment of prisoners at a makeshift detention facility in Zllash in April 1999. The Appeals Judgment affirmed Mustafa's convictions for arbitrary detention, torture, and murder as war crimes, but granted his appeal, in part, against his sentence. The Appeals Panel lowered Mustafa's single sentence from twenty-six to twenty-two years of imprisonment, concluding that this reflected the totality of Mustafa's criminal conduct in this case. The sentence was subject to further review and determination by the Appeals Panel pursuant to the Supreme Court Panel's subsequent decision on protection of legality, wherein that Panel granted Grounds 1 and 3 of the Mustafa's Protection of Legality Request. The Supreme Court Panel annulled the Appeals Judgment with respect to Mustafa's sentence, and it remanded the Appeals Judgment to the Appeals Panel for a new determination thereon. Accordingly, the Appeals Chambers Panel made a new determination of the sentence, by imposing a single sentence of fifteen years of imprisonment on Mustafa. These Trial and Appeals judgments mark a milestone for the Kosovo Specialist Chambers (KSC), as they represent the first ruling by this tribunal in a war crimes case.
This article argues that the rule of contra proferentem is not applicable to international sales contracts governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG). It further argues that the common recognition of the rule of contra proferentem under the CISG is an instance of a broader phenomenon which it calls ‘internationality overreach’. ‘Internationality overreach’ is the tendency to project onto the provisions of a uniform private law instrument doctrines and concepts which are inaccurately presumed to constitute universally recognised principles of private law or the ‘common core’ of various legal systems. This article demonstrates that internationality overreach disrupts the goals underpinning the harmonisation of commercial law in two ways: first, it undermines uniformity in the application of international conventions; and, second, it leads to outcomes that fall short of the agreement reached by the Contracting States during the drafting process. While this article focuses on the CISG, the argument developed in this article is of equal relevance to other uniform private law conventions which follow the principle of autonomous interpretation.